Held: It was a classic case of nervous shock. That appears to be the course advocated by Mullany and Handford, Tort Liability for Psychiatric Damage. [9] NJ Mullany, Psychiatric damage in the House of Lords- Fourth time Unlucky: Page v Smith (1995) 3 Journal of Law and Medicine 112. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. . But, the chief constable of South Yorkshire police claimed that they did not owe any duty of care to the claimants. Study with Quizlet and memorize flashcards containing terms like Define primary victim, Define secondary victim, What was the initial definition of psychiatric damage and more. Free resources to assist you with your legal studies! . Free resources to assist you with your university studies! Cited Hambrook v Stokes Brothers CA 1925 The defendants employee left a lorry at the top of a steep narrow street unattended, with the engine running and without having taken proper steps to secure it. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . The issue before the court was whether any person is entitled to establish a claim for psychiatric illness which has been sustained through the fear or apprehension of physical injury to others. Genearlly, the defendants are not liable to the claimants for causing psychiatric injury by means of self inflicted physical injuries. [71] As per Cumming Bruce LJ. When faced with these two decisions, one can't help but recall the comment of Lord Steyn in Frost v Chief Constable of South Yorkshire [1992] 2 AC 455 (at 511), who considered that "the search for principle was called off in Alcock". Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. An employer has a duty to protect his employees from physical but not psychiatric harm unless there was also a physical injury. Mental Health can have a positive or negative impact on our behaviour, decision-making, and actions, as well as our general health and well-being. Packenham v Irish Ferries . The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying We have come back to the plain . She alleged that, as result of suffering from psychiatric illness she had a change in her personality that seriously affected her capabilities as a mother and wife. . Nervous shock is a term used in English law to denote psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Due to the accident, the claimants husband suffered from bruising and the other children suffered from severe physical injuries and shock. . Decent Essays. Having witnessed the tragic death of Smith, both his workmates-Robertson and Rough suffered nervous shock. We and our partners share information on your use of this website to help improve your experience. He had known Smith just as a colleague for few years. We're here to answer any questions you have about our services. Firm Rankings. Like the case of Alcock v Chief Constable of South Yorkshire, this case arose from the disaster that occurred at Hillsborough football stadium in Sheffield in the FA cup semi-final match between Liverpool and . The Court of Appeal upheld the judgement that was delivered by Boreham J but on different ground. . Frost v Chief Constable of South Yorkshire Police [1998] QB 254 permitting recovery by injured on- duty police officers. As a result, the law in this area seems to be complex as well as inconsistent. His employers had refused to provide the increased support he requested. Held: The claim failed: these claimants have no . Published: 2nd Jul 2019. Hall v gwent healthcare nhs trust 2004 qb c hall was. The Irish courts have been much more responsive in allowing recovery for nervous shock. The carriageway was too high that any person fell from that distance would unlikely to survive. In this case, the British High Court ruled that a plaintiff, a bar maid, could recover damages for nervous shock even though no actual impact was involved in the accident. But, when a bystander of a horrible event suffers from psychiatric injury, it becomes very difficult for him or her to establish a claim and recover damages for psychiatric injury, since such a person is not closely connected to the injured person. It was held by the court that (according to the decision of Bourhill case), the defendant owes no liability towards the claimant although there was a liability in relation to the accident of the boy. Both cars suffered considerable damage but the drivers escaped physical injury. [27] As per Lord Keith [1992] 1 AC 310 at page 397. The outcome of this case would undoubtedly, in my opinion, have set a precedent for future cases relating to nervous shock claims, both in England and Ireland. In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. In this case, Lord Oliver[29] took the view that-Brian Harrison, one of the appellants, lost his two brothers but still failed in his action in spite of his presence in the stadium, because he produced no evidence of close tie of love with his two brothers. Frost and Others v Chief Constable of South Yorkshire Police and Others (1996) The Times, 6 November, CA . In the case of Frost v Chief Constable of South Yorkshire Police [1999] Lord Steyn stated that the area of Tort Law relating to psychiatric trauma is rather complex. Section A The codification of directors duties was an unnecessary step. He continued that, the claimants nervous shock was too remote as a head of damage. Frost v Chief Constable of Yorkshire Police [1997] 3 WLR 1194. Interestingly, it was also stated the purpose of the visit was to identify the body and not to aid the injured or rescue victims as in other compensation cases. Thus, there could be no duty of care owed to C for purely psychiatric harm, as they were not at any point in any physical danger. Many of the spectators saw their friends and relatives die in the crush and suffered nervous shock after the incident. About after two hours she was informed by a neighbour of the road accident in which her family members were involved. [7] Nervous Shock-when is it compensable? If it was not reasonably forseeable then the defendant owes no duty of care to the claimant and there is no liability for negligence on the part of defendant. The outcome of this case is particularly note worthy. .Cited Barber v Somerset County Council HL 1-Apr-2004 A teacher sought damages from his employer after suffering a work related stress breakdown. In this case the plaintiff was exposed to asbestos dust. endstream endobj startxref On the otherhand, the defendant admitted that he was negligent in relation to the accident of the boy but he denied any kind of liability or duty of care towards the claimant as far as her psychiatric injury was concerned. The facts of this case are, on the 19th October 1973, a friend came to the claimants house to tell her of a serious accident involving her husband and three children, two hours after it had occurred. Download Citation | Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455 | Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments . The defendant argued that, there was no negligence on his part as far as the claimants psychiatric illness was concerned. The police failed to control crowed at the match. Until then he had no clue about his brothers whether they are dead or alive. II. However, considering the surrounding circumstances of the present case (King v Phillips), McNair J. Lord Steyn's observation in Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455, was that while, "the law on the recovery of compensation for pure psychiatric harm is . In the Irish context, a different policy approach has been adopted and it appears to be more difficult to recover damages in relation to nervous shock , the strict criteria which have been laid down clearly demonstrate this viewpoint. So, however, in the light of the above case decisions it has been obvious that the secondary victim must establish proximity of relationship or close tie of love and affection in order to establish a claim for psychiatric illness. He further took the view that, the cases where there is insufficient proximity of relationship must be very carefully considered before allowing the claimants for psychiatric injury claims[20]. .Cited Calvert v William Hill Credit Ltd ChD 12-Mar-2008 The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. Difficult point of law about the circumstances in which a defendant who owes a duty of care . The claimant appealed to the House of Lords against the decision given by McNair J. Singleton LJ. The 2003 decision of Fletcher v Commissioners for Public Works clearly demonstrates this point. This successful claim, led to a further limitation being developed, namely, that it would not be sufficient to fullfil the proximity requirement to be told of the accident by a third party. At common law a distinction is drawn between what is merely the ordinary emotion of grief, anxiety, fear and transient shock which does not constitute sufficient damage and the recognisable psychiatric illness that is established by expert medical evidence. However, Ormerod LJ. In this case, the claimant-namely Mr. McCarthy also lost his half brother in the Hillsborough disaster. Reference this The defendant relied on the decision of the case in Bourhill v Young[48] with a view to support his arguement and stated that the psychiatric injury to the mother was not reasonably foreseeable as she was not within the range of reasonable anticipation. The most recent of which was Frost v The Chief Constable of South Yorkshire which resulted from the Hillsborough tragedy. The recent case of Crystal Taylor v A Novo (UK) Ltd CA (2013) re-examined the particular issue of proximity, together with the underlying policy considerations. 223 0 obj <>stream Music background On that occasion the law lords removed any special rights of employees or . [1964] 1 W.L.R CA 1317 at page 1317. Two of the claimants found their relatives or friend severely injured whereby one of them had his relative who escaped unhurt. The married mother-of-one began her policing career in 1998 with Humberside Police and joined South Yorkshire Police in 2017 as Assistant Chief Constable. Held: The definition of the work expected of him did not justify the demand placed upon him. The courts in different cases have recognized different type of psychiatric illnesses. This took place while Robertson was driving the van on a carriageway which was high above the water. However, the decision in the case of Dooley V Cammen Laird preserved the distinction between primary and secondary victim. [70] As per Griffith LJ [1981] 1 All ER 809 at page 829. The plaintiff must show that the defendant owed duty of care not to cause the reasonably foreseeable nervous shock. The function of the defendants was to maintain and operate the bridge. In my opinion, this case illustrates a change of approach in relation to nervous shock recovery. In the case of Alcock v Chief Constable of South Yorkshire,[6] Lord Ackner defined the term nervous shock or psychiatric illness as Sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. On the other hand, Lord Keith defined psychiatric illness as Sudden assault on the nervous system. Sixteen separate actions were brought against him by persons none of whom was present in the area where the disaster occurred, although four of them were elsewhere in the ground. The court held that the defendant was liable for negligence and allowed the claimant to recover damages for psychaitric illness as the mental injury to the claimant was reasonably foreseeable by the defendant[65]. The question was whether, having regard to the fact that she had suffered sorrow and grief it would not be to . The English courts frequently face claims brought by the secondary victims; as a result great deal of attention has been drawn towards the secondary victims cases[14]. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . If you are the original writer of this dissertation and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! The courts in a number of cases have attempted to define the psychiatric illness. In Alcock v Chief Constable of South Yorkshire (1992) 1 AC 310 the ordinary rules of negligence were applied to allegedly negligent crowd control by the police. Alcock v Chief Constable of South Yorkshire Police [1991] UKHL 5, [1992] 1 AC 310 is a leading English tort law case on liability for nervous shock (psychiatric injury). This . No issues of. Lord Wilberforce argued that it was necessary to develop further criteria including strict proximity in time, a close relationship, direct means of communication (personal witness). At common law the secondary victims (like the bystanders or spectators) who suffer psychiatric illness as a result of witnessing a defendant negligently endangering or injuring others who are unrelated to them in love and affection, cannot recover. Generally, primary victims do not face too many hurdles in order to establish a claim as long as certain tests are satisfied. Cases in bold have further reading - click to view related articles.. Alcock v Chief Constable of South Yorkshire [1991] UKHL 5; Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd's Rep 271; Frost v Chief Constable of South Yorkshire [1997] 3 WLR 1194; Galt v British Railways Board (1983) 133 NLJ 870; Gregg v Ashbrae Ltd [2006] NICA 17; Hunter v British Coal Corporation [1998 . Firstly shock had to occur as a result of what the plaintiff witnessed from his / her unaided senses .This required that the plaintiffs be close to the event. In this case, he categorized the victims in a psychiatric injury cases in to two main . the purpose test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the assumption . The judge found in favour of ten out of the plaintiffs and against six of them. This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted nervous shock in the context of the above statement by Lord Steyn. L auren Poultney has been confirmed as the next Chief Constable of South Yorkshire Police by the South Yorkshire Police and Crime Commissioner, Dr Alan Billings following approval of the appointment by the South Yorkshire Police and Crime Panel at a meeting in Barnsley today (Friday 11 June 2021).. Ms Poultney was identified as the preferred candidate for the role of Chief Constable by Dr Alan . Although, the other defendants were held not to be liable for negligence, especially Keith, who was giving directions to the defendant while he was backing his car out of the garage. So, finally it was held by the majority of the Court of Appeal that the defendant owed no duty of care to the claimant even though her psychiatric injury was reasonably foreseeable. ( as what happened in this particular case ) . No damages for Psychiatric Harm Alone. In the present case, despite of being present at the stadium during the football match the claimants whose action had been rejected by the House of Lords are as follows[25]: Brian Harrison was one of the appellants. [1952] 2 All ER 459 at page 460. The plaintiffs sought damages for nervous shock. In Page v Smith this distinction was further developed. Fletcher v Commissioners for Public Works [2003] 2 I.L.R.M.94. (back to preceding text) I am compelled to say that I am unable to accept this suggestion because in my opinion (1) the proposal is contrary to well-established authority; (2) the proposed control mechanism would erect an artificial barrier against recovery . . His Lordship further continued that, the present case is distinguishable from the case of King v Phillips[61]. The caimant was summoned by the hospital authority in order to see her injured family members. An action for negligence was brought into the court against the Chief Constable of South Yorkshire Police. %%EOF of Ireland (1884) illustrate that even though no physical injury occurred, the plaintiff was clearly in physical danger and therefore was allowed recovery. Dulieu v White and Sons (1901) 2 K.B. Another appellant, namely Mr. Robert Alcock, was present in the stadium and lost his brother in law but still failed in his action as it was not reasonably foreseeable by the defendants that he would suffer psychiatric illness. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. In Kelly v Hennessy [1995] 3IR.253 CJ Hamilton laid down criteria, which have become the standard test for nervous shock. He went to the psychiatrist and took medical treatment. % endstream endobj 165 0 obj <> endobj 166 0 obj <>/MediaBox[0 0 594.72 841.68]/Parent 162 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/Tabs/S/Type/Page>> endobj 167 0 obj <>stream Steyn's introductory observations in his speech in R(S) v Chief Constable of the South Yorkshire Police [2004] 1 WLR 2196, which concerned DNA, emphasised the public benefits in law enforcement agencies using new technology at [1]- [2]: "1. A person will be considered as secondary victim if he was present at the scene of the horrifying event and subsequently sustained a psychiatric injury due to witnessing the accident or event in which other person was involved, although he himself was out of the range of foreseeable physical injury[10]. During this period in society there was a view that people of strong moral character did not succumb to their emotions. [69] As per Stephenson LJ [1981] 1 All ER 809 at page 823. In order to support this argument, the claimant relied on the decision of the case in In re Polemis and Furness, withy & Co. Ltd[47]. Interestingly, in White v Chief Constable of South Yorkshire Police the plaintiffs ( police officers ) relied on cases such as Dooley v Cammell Laird [1951] 1 Lloyds Rep 271, Galt v British Railways Board [1983] 113 NLJ 870, Wiggs v British Railways Board. Music has historically been a key player in society and personal life. C brought an action in negligence (and/or breach of statutory duty) against their employer, the Chief Constable of South Yorkshire Police (D), for the psychiatric harm they had suffered as a result of witnessing the tragedy first-hand. Held: Psychiatric injury is a recognised form of personal injury, and no statute . had introduced the Special Rule . As far as the secondary victims claim for psychiatric illness is concerned, Lord Keith[27] in this case took the opinion that- he must establish a close tie of love and affection with the primary victim. (now Lord Justice Waller) and the majority in the Court of Appeal erred in reversing him: Frost v. Chief Constable of South Yorkshire Police [1997] 3 W.L.R. Up until the early 20th century in England, courts have been reluctant to allow recovery for nervous shock. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. The appointment of the former Deputy Chief Constable Lauren Poultney was approved at a . In support of my opinion I will discuss and analyse the outcomes of a number of relevant law cases, namely, Dulieu v White and Son[1901]2 KB 669 , Hambrook v Stoke Bros [1925] 1 KB 141, McLoughlin v O Brian (1983) AC 410 310 AT 407, Alcock -v- The Chief Constable of South Yorkshire [1992] 1 AC 310, Page -v- Smith [1995] 2 All ER 736 AT 759, 761 per Lord Lloyd, White v The Chief Constable of South Yorkshire Police[1992]1 AC.310. In this chapter, I argue that Alcock was an essentially conservative decision, rather than the reactionary one which it is often assumed to have been . Tel: 0795 457 9992, or email david@swarb.co.uk, Ultrasun v EUIPO (Ultrasun) (European Trade Mark Order): ECFI 20 Oct 2020, Hackney London Borough Council v Mullen: CA 22 Oct 1996, Frost and Others v Chief Constable of South Yorkshire, White, Frost and others v Chief Constable of South Yorkshire and others, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. 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